Understanding the Jack Daniel’s and Rogers Tests in Trademark Law

1st amendment false endorsement infringement section 43(a) trademark

At the complex intersection of trademark law and First Amendment protections, courts have developed a sophisticated framework to balance commercial trademark rights under the Lanham Act against First Amendment expressive speech. Two key tests have emerged as crucial tools in this analysis. The Rogers Test: Protecting Artistic Expression The Rogers test, established in Rogers v. …

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